⚖ Violation Reference
Harassment in the 2nd Degree
NY Penal Law § 240.26 · Public Order
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Overview
Intentionally harassing, annoying, or alarming another person by striking, shoving, kicking, or following them in a public place, or making repeated phone/electronic contact to alarm or annoy. A violation — not a crime — unless escalated.
Fine Range
$0–$250 (Violation)
Surcharge
$95
How to Contest
- Appear on return date
- Plead Not Guilty and request a hearing
- Challenge intent element: harassment requires intentional conduct
- Present witnesses or evidence contradicting the complainant's account
Common Defenses
- No intent to harass or alarm
- Contact was incidental (e.g., crowded subway)
- Complainant's account is inconsistent
- First Amendment — protected speech
Legal Information Only. This reference is sourced from publicly available NYC/NYS law. It is not legal advice and does not create an attorney-client relationship. Consult a licensed attorney before taking any action on a legal matter. Need representation? Find an attorney →